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1 ***Original language in black ***Proposed language in red ARTICLE 2 CONSTRUCTION OF LANGUAGE AND DEFINITIONS Amended 4.13.2021 SECTION 2.1 CONSTRUCTION OF LANGUAGE The following rules of construction apply to the text of this Ordinance: 2.1.1 The particular shall control the general. 2.1.2 In case of a difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control. 2.1.3 Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. 2.1.4 A "building" or "structure" includes any part thereof. 2.1.5 The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for". 2.1.6 The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. 2.1.7 Terms not herein defined shall have the meaning customarily assigned to them. 2.1.8 The term "including" means "including but not limited to." It is a term which introduces examples but does not limit the provision to only those examples. 2.1.9 Terms referring to the Michigan Department of Natural Resources (DNR) shall be understood to refer to the Michigan Department of Environmental Quality (DEQ) where appropriate. 2.1.10 Reference to Soil Erosion and Sedimentation Control as Part 91 of PA 451 shall be understood to mean MCLA Sections 324.9101 through 324.9123 of the Natural Resources and Environmental Protection Act of 1994. SECTION 2.2 DEFINITIONS A-WEIGHTED SOUND LEVEL: The sound pressure level in decibels as measured on a sound level meter using the A-weighted network as specified in the American National Standards Institute Standard S1.4-1983, or its successor provision. The sound pressure level so read is designated dB(A) or dBA. … ACTIVITY AREA: The area utilized by the Event Facility for all activities excluding the parking ACTIVITY BUFFER AREA: Areas of activity utilized by the Event Facility including all structures, parking area (per Planning Commission determination), and open space encompassed by buffers … AMBIENT RESIDUAL SOUND LEVEL: That measured value which represents the summation of the sound from all of the discrete sources affecting a given site at a given time. Neighborhood residual sounds are differentiated from extraneous sounds by the fact that the former are a more steady state, although they may not be continuous. … AUTHORIZED COUNTY OFFICIAL: All Deputies and Officers, Zoning Administrators, Code Enforcement Officers and Building Officials authorized to investigate all complaints of violation of this Ordinance and who are further authorized to issue municipal civil infractions. … COMMERCIAL AREA: Property zoned for uses other than residential, regardless of whether the property has a commercial use. … CONTINUOUS SOUND: Any sound with a duration of more than one second, as measured with a sound level meter set to the fast meter response. … DECIBEL: A unit of sound pressure level on a logarithmic scale measured relative to the threshold of audible sound by the human ear, in compliance with the American National Standards Institute Standard S1.4-1983, or its successor provision. ---PAGE BREAK--- 2 … EVENT – SPECIAL: A celebration, ceremony, wedding, reception, corporate function, or similar activity for the benefit of someone other than the property owner or lessee that takes place on a periodic basis, involving the gathering of individuals assembled for the common purpose of attending the gathering. Events may operate entirely within a structure, outside of a structure or both inside and outside a structure. **Uses that are accessory to a single-family residential use including private parties, gatherings and similar activities that are not subject to a use agreement between a private individual or group and the homeowner are not defined as a special event. EVENT FACILITY – SPECIAL: A facility where special events are permitted to occur. Special Event Facilities are subject to a use agreement between a private group or individual and the facility owner. The facility owner may or may not charge a fee for the use of the facility … EXTRANEOUS SOUND: A sound which is relatively intense, intermittent and of short duration and is neither part of the neighborhood residual sound, nor comes from the sound source under investigation. The sources of extraneous sound are noted, but excluded from all measuirements passing vehicle or distant train). … IMMEDIATE VICINITY: Any distance beyond the property line of the parcel or lot from which the source of noise or disturbance is emanating as determined by the authorized county official during the course of investigating a complaint or disturbance. … LESSEE: A person who has possession of real or personal property under a lease; a person who rents land or property from a lessor … PARKING IMPERVIOUS SURFACE: A material incapable of being penetrated by water and other liquids. Under conditions where spills are to be retained, retention capability must be sufficient to contain one hundred twenty-five percent (125%) of any reasonably foreseeable spill for any reasonably foreseeable period necessary and have sufficient strength and durability to remain intact under reasonably foreseeable conditions. For the purpose of calculating storm water runoff, impervious surfaces shall include all roofs, slabs, pavements and gravel drives and parking lots. PARKING IMPROVED SURFACE: Areas of a stable, firm, maneuverable surface designated for regular use of parking and overflow parking PARKING UNIMPROVED SURFACE: An open space of a reasonably level area designated for occasional use of parking … PERSON: Any owner, lessee or occupant of property, including any individual, corporation, business or other entity; “person” also means any individual in nay public place or any private place open to the general-public. … PROPERTY LINE: The imaginary line which represents the legal limits of property owned, leased, or otherwise occupied by a person or business entity. In cases involving sound from an activity on a public right-of-way, the property line shall be the nearest boundary of the public right-of-way. PUBLIC RIGHT-OF-WAY: The entire easement width or ownership interest of any publicly dedicated street, avenue, boulevard, highway, sidewalk, alley or similar place. … RESIDENTIAL AREA: Property used for temporary or permanent dwelling purposes. … SOUND LEVEL METER: An instrument used to measure sound pressure levels. This instrument shall comply with the standards for type 1 or type 2 sound level meters as specified in the American National Institute Standard ANSI S1.4-1983, or its successor provision. SOUND PRESSURE LEVEL: Twenty (20) times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals. This sound pressure level is expressed in decibels (dB). … TOTAL SOUND LEVEL: That measured which represents the summation of the sounds from the sound source under investigation and the neighborhood residual sounds whish affect a given place at a given time. ---PAGE BREAK--- 3 ARTICLE 8 FR FORESTRY RECREATION DISTRICT Amended 4.13.2021 INTENT The FR Forestry Recreation District is designed to promote the use of rural areas in a manner that will retain the basic attractiveness and inherent values of natural resources. The intent of the District is to retain rural areas for resource purposes, but recognizing the need to allow multiple uses considered acceptable in a rural environment. SECTION 8.1 PRINCIPAL USES PERMITTED 8.1.1 One family dwellings 8.1.2 One detached guest house may be permitted, provided the use is accessory to the main dwelling, is constructed under the same standards as those required for the main dwelling, the parcel is double the minimum required land area for the district in Article 17 SCHEDULE OF DIMENSIONS, and the Health Department approves the sanitary system. 8.1.3 Growing and harvesting of nursery field stock 8.1.4 Farms and agricultural operations of all kinds, including temporary agricultural roadside stands, provided the stands are off the road right-of-way, operated only seasonally, that hours not exceed dawn to dusk, that large equipment, including semi- tractor-trailers, not be parked on site and that the parking requirements of Article 21.27 be observed 8.1.5 Tree farms, forest production and forest harvesting operations including temporary sawmills, temporary log storage yards and related facilities 8.1.6 Public and private parks, playgrounds, passive recreational areas, camping grounds, hunting grounds, fishing sites and wildlife preserves 8.1.7 Bed and breakfast/Tourist homes 8.1.8 Family and group care facilities meeting applicable state licensing requirements 8.1.9 Family child care home and group child care homes 8.1.10 Duplex dwellings 8.1.11 Fraternal lodges 8.1.12 Landing strips 8.1.13 Wildlife, plant, and habitat preservation areas 8.1.14 Cemeteries [Permit criteria include Article 21.4] 8.1.15 Riding academies or stables [Permit criteria include Article 21.35] 8.1.16 Travel trailers (on private property) [Permit criteria include Article 21.33] 8.1.17 Home occupation 8.1.18 Wireless Telecommunications Towers and Facilities one hundred seventy-nine feet (179’) or less in height, without lights [Permit criteria include Article 21.46] 8.1.19 Structures for storage of the owner’s personal non-farm possessions and non-commercial activities - These structures shall not be used as dwellings. Structures shall meet the size requirements of Section 21.1.3. 8.1.20 WTG Building-Mounted: Permitted as an accessory use to an allowed Principal Use 8.1.21 WTG Small: Permitted as an accessory use to an allowed Principal Use 8.1.22 WTG Medium: Permitted as an accessory use to an allowed Principal Use 8.1.23 Roof-Mounted (any-scale) and Small and Medium-Scale Ground-Mounted Solar Energy Systems permitted as an Accessory or Principal Use SECTION 8.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS The following uses may be permitted, subject to the conditions herein imposed for each use, the review standards of Article 19 and only after the review and approval of the site plan by the Planning Commission. [See Article 21 for applicable SPECIFIC REQUIREMENTS FOR CERTAIN USES, if any and Article 23 for SITE PLAN REQUIREMENTS.] 8.2.1 All permitted uses subject to special conditions, as permitted and regulated in the R1 District. 8.2.2 Sportsmen associations or clubs, including shooting ranges 8.2.3 Active recreation areas, stadiums and race tracks 8.2.4 Veterinary hospitals, clinics with indoor kennels [Permit criteria include Article 21.45] 8.2.5 Driving ranges 8.2.6 Game preserves 8.2.7 Gasoline stations with or without store 8.2.8 Detention facilities 8.2.9 Recreation farms (dude ranches) 8.2.10 Restaurants and/or taverns (without drive-through service) 8.2.11 Campgrounds (commercial) ---PAGE BREAK--- 4 8.2.12 Dog grooming and kennel facilities [Permit criteria include Article 21.45] 8.2.13 Golf courses and country clubs [Refer to Articles 4.2.5 and 21.11] 8.2.14 Hunt clubs (commercial) 8.2.15 Recreation camps or resorts 8.2.16 Surface mining of gravel, sand, clay, topsoil or marl [See Article 21.25 for criteria] 8.2.17 Travel trailer courts 8.2.18 Wireless Telecommunications Towers and Facilities over one hundred seventy-nine feet (179’) in height, or with lights 8.2.19 WTG Large 8.2.20 Anemometer Tower 8.2.21 Unlisted property uses if authorized under Article 21.44 8.2.22 Personal Wireless Services Telecommunications Towers and Facilities one hundred fifty feet (150’) or less in height, self- supporting (lattice) or guyed [Permit criteria includes Article 21.46] 8.2.23 Large-Scale Ground-Mounted Solar Energy Systems permitted as an Accessory or Principal Use 8.2.24 Event Facility- Special [See Article2 ---PAGE BREAK--- 9 ARTICLE 9 AR AGRICULTURAL RESOURCE DISTRICT Amended 4.13.2021 INTENT The Agricultural Resource District is intended to encourage the maintenance of productive farm and agricultural land for growing, raising or production of food stuffs. It is further intended that the productive agricultural land base of the County be maintained in agricultural activities. Other land uses and activities may be permitted if they meet the objective of retaining farmlands in an open land character. SECTION 9.1 PRINCIPAL USES PERMITTED No buildings or land shall be used and no building shall be erected except for one or more of the following specified uses: 9.1.1 One family dwelling unit 9.1.2 Two family (duplex) dwellings subject to the one family density requirements with a minimum lot width of three hundred feet (300’) 9.1.3 Two detached single-family dwelling units may be permitted, subject to the following conditions: 9.1.3.1 There is a separation between the two dwellings so the lot may be divided into two legal lots with each lot having a lawful minimum width and area, with each dwelling still maintaining the front, side and rear setback as regulated in the District. 9.1.3.2 The County Health Department approves the sanitary system. 9.1.4 Growing, raising, and harvesting of agricultural products and farm livestock 9.1.5 Woodlots, tree farms, nursery field stock, and harvesting activities 9.1.6 Buildings for storing or housing machinery, equipment and/or livestock, including repair operations when accessory to agricultural and farm operations 9.1.7 Experimental agricultural activities and uses related to farm research 9.1.8 Wildlife habitat and plant species preservation areas 9.1.9 Farm industries may include saw mills of a permanent or temporary nature, with assembly of green or untreated wood to a usable item for marketing, provided the operation is conducted as an accessory to a farm and that the use is two hundred feet (200’) from property lines 9.1.10 Bed and breakfast/Tourist homes 9.1.11 Family and group care facilities meeting applicable state licensing requirements 9.1.12 Family child care homes and group child care homes 9.1.13 Forest production and forest harvesting operations including temporary sawmills, temporary log storage yards and related facilities 9.1.14 Fraternal lodges 9.1.15 Aircraft Landing Strips 9.1.16 Churches 9.1.17 Cemeteries [Permit criteria include Article 21.4] 9.1.18 Dwellings less than sixteen feet (16’) wide [Permit criteria include Article 21.22] 9.1.19 Riding academies or stables [Permit criteria include Article 21.35] 9.1.20 Roadside stands (agricultural-temporary) off the road right-of-way, provided that the stand be operated only seasonally, that hours not exceed dawn to dusk, that large equipment, including semi-tractor-trailers, not be parked at the site and that the parking requirements of Article 21.27 be observed 9.1.21 Veterinary hospitals, clinics with indoor kennel [Permit criteria include Article 21.45] 9.1.22 Travel trailers (on private property) [Permit criteria include Article 21.33] 9.1.23 Home occupation 9.1.24 Farm buildings, in existence at the time of the adoption of this amendment and no longer used in support of agricultural interests, may be used as rental property for storage of individually owned items 9.1.24.1 So as to alleviate noise and traffic associated with commercial activities and thus maintain the rural, open space character of the area, the rental shall not be made into commercial enterprises. 9.1.24.2 All applicable sections of the zoning Ordinance apply 9.1.24.3 The Zoning Administrator may opt to refer the application to the Planning Commission if there are unusual circumstances 9.1.25 Wireless Telecommunications Towers and Facilities one hundred seventy-nine feet (179’) or less in height without lights [Permit criteria include Article 21.46] 9.1.26 Structures for storage of the owner’s personal non-farm possessions and non-commercial activities - These structures shall not be used as dwellings. Structures shall meet the size requirements of Section 21.1.3. 9.1.27 WTG Building-Mounted: Permitted as an accessory use to an allowed Principal Use 9.1.28 WTG Small: Permitted as an accessory use to an allowed Principal Use ---PAGE BREAK--- 10 9.1.29 WTG Medium: Permitted as an accessory use to an allowed Principal Use 9.1.30 Roof-Mounted (any-scale) and Small and Medium-Scale Ground-Mounted Solar Energy Systems permitted as an Accessory or Principal Use SECTION 9.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS Amended 4.9.2013 The following uses may be permitted, subject to the conditions herein imposed for each use, the review standards of Article 19 and only after the review and approval of the site plan by the Planning Commission. [See Article 21 for applicable SPECIFIC REQUIREMENTS FOR CERTAIN USES, if any and Article 23 for SITE PLAN REQUIREMENTS.] 9.2.1 Public and private parks, recreational facilities and public or private non-profit schools offering courses in general education when the use is not, to the extent practical, placed on soils predominantly rated as having high agricultural productivity in comparison with other farm lands in Otsego County 9.2.2 Recreation farms, dude ranches (so called) and sportsmen's clubs provided the farm land base remains essentially intact, that the number of new and/or expanded buildings be limited in scale, in so far as is practical, to that typical of a farm, and further, no activities shall cause the depletion or erosion of agricultural soils (dust, vehicle tracks, stream bank breakdown, etc.) 9.2.3 Permanent forest industries, including permanent sawmills, planing mills, veneer mills and related operations, provided: 9.2.3.1 There is a complete clean-up of discarded wastes following the cessation of activity; 9.2.3.2 There are no nuisances imposed upon tourist service facilities or outdoor recreation uses in the immediate vicinity; 9.2.3.3 The site of the proposed use encompasses an area of at least five acres. 9.2.4 Auction yards for livestock and/or agricultural equipment with accessory buildings on a minimum forty (40) acres site with a minimum width of six hundred feet (600’), provided that there is no nuisance imposed upon the surrounding farms or dwellings 9.2.5 Commercial outdoor sport and recreational facilities, outdoor musical entertainment 9.2.6 Driving ranges 9.2.7 Game preserves 9.2.8 Gasoline stations with or without store 9.2.9 Detention facilities 9.2.10 Shooting ranges (outdoor) 9.2.11 Recreation camps, resorts or housekeeping units 9.2.12 Restaurants and/or taverns (without drive-through service) 9.2.13 Dog grooming and kennel facilities [Permit criteria include Article 21.45] 9.2.14 Golf courses and country clubs [Refer to Articles 4.2.5 and 21.11] 9.2.15 Hunt clubs (commercial) 9.2.16 Airport with appurtenant facilities, when approved by the Planning Commission after a hearing, provided the operating characteristics are deemed not to conflict with wildlife habitat areas, wilderness areas, housing areas, and facilities or uses having high concentrations of people (schools, hospitals, etc.) 9.2.17 Surface mining of gravel, sand, clay, topsoil or marl [See Article 21.25 for criteria] 9.2.18 Travel trailer courts 9.2.19 Campgrounds (commercial) 9.2.20 Race tracks 9.2.21 Wireless Telecommunications Towers and Facilities over one hundred seventy-nine feet (179’) in height, or with lights [See Article 21.46] 9.2.22 WTG Large 9.2.23 Anemometer Tower [See Article 21.47] 9.2.24 Unlisted property uses if authorized under Article 21.44 9.2.25 Personal Wireless Services Telecommunications Towers and Facilities one hundred fifty feet (150’) or less in height, self- supporting (lattice) or guyed [Permit criteria includes Article 21.46] 9.2.26 Large-Scale Ground-Mounted Solar Energy Systems permitted as an Accessory or Principal Use 9.2.27 Event Facility- Special [See Article 21.9 ---PAGE BREAK--- 9 ARTICLE 10 B1 LOCAL BUSINESS DISTRICT Amended 4.13.2021 INTENT The B1 Local Business District establishes a Business District that is more selective than a General Business District. It provides for the establishment of neighborhood shopping areas, personal services, and professional office areas that are compatible with and of service to residential uses, provided the uses are within a completely enclosed building. SECTION 10.1 PRINCIPAL USES PERMITTED No building or land shall be used and no building shall be erected except for one or more of the following specified uses: 10.1.1 Office buildings for administrative, professional, governmental and sales offices 10.1.2 Medical and dental offices, including clinics 10.1.3 Banks and financial institutions, without drive through 10.1.4 Any generally recognized retail business within an enclosed building less than 100,000 sq. ft., excluding bars and restaurants serving alcoholic beverages 10.1.5 Any personal service establishment which performs such services as, but not limited to: barber, beauty salon, shoe repair, tailor shops, interior decorators and photographers 10.1.6 Offices and showrooms of plumbers, electricians, decorators or similar trades, without outdoor storage 10.1.7 Rental shops with no outdoor storage 10.1.8 Printing establishments, newspaper offices, publishers, and copying services 10.1.9 Existing residences 10.1.10 Athletic or sports facilities and health clubs, indoor only 10.1.11 Churches 10.1.12 Convalescent or nursing home care facility 10.1.13 Community service facilities (public library, offices operated through public funds, etc.) 10.1.14 Educational institutions 10.1.15 Commercial Day Care 10.1.16 Funeral home and mortuary 10.1.17 Family and group care facilities meeting applicable state licensing requirements 10.1.18 WTG Building-Mounted: Permitted as an accessory use to an allowed Principal Use [See Article 21.46] 10.1.19 Roof-Mounted (any-scale) and Small-Scale Ground-Mounted Solar Energy Systems permitted as an Accessory Use SECTION 10.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS The following uses may be permitted, subject to the conditions herein imposed for each use, the review standards of Article 19 and only after the review and approval of the site plan by the Planning Commission. [See Article 21 for applicable SPECIFIC REQUIREMENTS FOR CERTAIN USES, if any and Article 23 for SITE PLAN REQUIREMENTS.] 10.2.1 Motels, hotels, motor inns, cabin courts, bed and breakfast facilities, tourist lodging facilities and museums 10.2.2 Gasoline service stations for sale of motor fuels, oil and minor accessories 10.2.3 Retail uses over 100,000 sq. ft. 10.2.4 Dry cleaners, laundry 10.2.5 Utility and essential service buildings when operating requirements necessitate the locating of said facilities within the District in order to serve the immediate vicinity 10.2.6 Wireless Telecommunications Towers and Facilities one hundred seventy-nine feet (179’) or less in height [Permit criteria include Article 21.46] 10.2.7 Nursery sales, garden supply centers and greenhouses with outdoor display areas 10.2.8 Recycling Facility 10.2.9 WTG Small: Permitted as an accessory use to an allowed Principal Use 10.2.10 Unlisted property uses if authorized under Article 21.44 10.2.11 Personal Wireless Services Telecommunications Towers and Facilities one hundred fifty feet (150’) or less in height, self- supporting (lattice) or guyed [Permit criteria includes Article 21.46] 10.2.12 Medium-Scale Ground-Mounted Solar Energy Systems permitted as an Accessory Use 10.2.13 Event Facility- Special [See Article 21.9 ---PAGE BREAK--- 12 ARTICLE 11 B2 GENERAL BUSINESS DISTRICT Amended 4.13.2021 INTENT The B2 General Business District is designed to provide sites for more diversified business types than the B1 Local Business District and often located so as to serve passer-by-traffic. Tourist services are included as being in character with the District. SECTION 11.1 PRINCIPAL USES PERMITTED No building or land shall be used and no building shall be erected except for one or more of the following specified uses: 11.1.1 All principal uses permitted in the B1 Local Business District 11.1.2 Theaters, halls, and similar places of assembly 11.1.3 Laundromats and dry cleaners 11.1.4 Bowling alleys, pool or billiard parlors or clubs 11.1.5 Equipment rental shops with outside storage 11.1.6 Indoor archery range 11.1.7 Lumber yards and building material suppliers within enclosed building 11.1.8 Tavern/night clubs 11.1.9 Restaurants serving alcoholic beverages 11.1.10 Public parking garages 11.1.11 Bus stations and passenger terminals 11.1.12 Businesses and restaurants with drive-through service 11.1.13 Wireless Telecommunications Towers and Facilities one hundred seventy-nine feet (179’) or less in height without lights [Permit criteria includes Article 21.46] 11.1.14 Transient Merchants-Tent and open-air merchants, for periods of up to ninety (90) days per year, housing retail uses otherwise allowed by the Zoning Ordinance in this district. A single thirty (30) day extension may be applied for. Three or more merchants on a parcel simultaneously must be permitted as a “Flea market”. 11.1.15 WTG Building-Mounted: Permitted as an accessory use to an allowed Principal Use [See Article 21.46] SECTION 11.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS The following uses may be permitted, subject to the conditions herein imposed for each use, the review standards of Article 19 and only after the review and approval of the site plan by the Planning Commission. [See Article 21 for applicable SPECIFIC REQUIREMENTS FOR CERTAIN USES, if any and Article 23 for SITE PLAN REQUIREMENTS.] 11.2.1 All uses subject to special conditions in the B1 Local Business District 11.2.2 Lumber yards, building material suppliers, and home improvement centers, with outdoor storage 11.2.3 Rifle or pistol ranges when within a completely enclosed building 11.2.4 Auto repair garages or auto body shop, including wrecker service, provided that outdoor storage of vehicles under repair be confined to the rear yard and screened from view 11.2.5 Car wash 11.2.6 Sales, rental, and service centers for vehicles, watercraft, and/or mobile homes, including new or used automobiles, motor bikes, bicycles, boats, ATV's, campers, snowmobiles, trailers, and motor, mobile, modular, manufactured homes, or farm equipment, provided: 11.2.6.1 Ingress and egress to the use shall be at least sixty feet (60’) from the intersection of any two streets 11.2.6.2 The arrangement of vehicles stored in the open shall be uniform, following the patterns established for off-street parking lots 11.2.6.3 No sales or display shall occupy any public street or road right-of-way; and further, must be set back at least twenty feet (20’) from the front property line 11.2.6.4 The use of a display model for a business office is permissible provided it is connected to sanitary and water facilities and approved by the County Health Department 11.2.7 Hospitals 11.2.8 Commercial outdoor sport and recreational facilities 11.2.9 Flea markets 11.2.10 Mini-storage buildings consisting of separate storage rooms rented or leased by the month 11.2.11 Wireless Telecommunication Towers and Facilities one hundred seventy-nine feet (179’) or more in height [Permit criteria includes Article 21.46] 11.2.12 Solid Waste Hauler 11.2.13 WTG Small: Permitted as an accessory use to an allowed Principal Use 11.2.14 Unlisted property uses if authorized under Article 21.44. 11.2.15 Personal Wireless Services Telecommunications Towers and Facilities one hundred fifty feet (150’) or less in height, self- supporting (lattice) or guyed [Permit criteria includes Article 21.46] ---PAGE BREAK--- 12 ARTICLE 12 B3 BUSINESS, LIGHT MANUFACTURING DISTRICT Amended 4.13.2021 INTENT The B3 District is designed to provide sites for light manufacturing and wholesale storage and as a distribution area to retail stores or industrial users. These sites do not necessarily have to abut or be adjacent to a primary or secondary County road but must have access to these roads without passing through a residential district, provided that the entrance and exit is approved in written form by the County Road Commission. SECTION 12.1 PRINCIPAL USES PERMITTED 12.1.1 Wholesale sales, storage and distribution facilities including accessory retail sales, but excluding storage of flammable or hazardous materials 12.1.2 Truck and rail freight terminals, including warehousing 12.1.3 Vehicle service and storage centers for trucks, watercraft, truck trailers and miscellaneous motorized vehicles 12.1.4 Outside storage yards, provided proper fencing is provided per Article 21.10 12.1.5 Lumber yards, building and construction material suppliers 12.1.6 Bottling works, food packaging and freezer plants 12.1.7 Welding, jobbing, plastic, wood, machine and fabrication shops 12.1.8 Community service facilities (public library, offices operated through public funds, etc.) 12.1.9 Equipment reconditioning indoors on an impervious surface 12.1.10 Essential services buildings 12.1.11 Flea markets 12.1.12 Sawmills and forest product processing 12.1.13 Fuel storage and wholesale uses with underground storage tanks 12.1.14 Monument and art stone product operations 12.1.15 Nursery sales and greenhouses 12.1.16 Public works garages 12.1.17 Indoor archery range 12.1.18 Indoor rifle or pistol ranges 12.1.19 Construction and utility service contractors storing heavy equipment 12.1.20 Storage buildings consisting of building(s) with the purpose of commercial and/or private storage (A storage building shall not be used in any form as a residence.) 12.1.21 Agricultural chemicals and supplies in an enclosed building 12.1.22 Veterinary hospitals, clinics with indoor kennels [Permit criteria includes Article 21.45] 12.1.23 Wireless Telecommunications Towers and Facilities one hundred seventy-nine feet (179’) or less in height [Permit criteria includes Article 21.46] 12.1.24 Recycling Facility 12.1.25 Solid Waste Hauler 12.1.26 WTG Building-Mounted: Permitted as an accessory use to an allowed Principal Use SECTION 12.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS The following uses may be permitted, subject to the conditions herein imposed for each use, the review standards of Article 19 and only after the review and approval of the site plan by the Planning Commission. [See Article 21 for applicable SPECIFIC REQUIREMENTS FOR CERTAIN USES, if any and Article 23 for SITE PLAN REQUIREMENTS.] 12.2.1 All permitted use or uses subject to special conditions in the B2 General Business District. 12.2.2 Auto repair garages or auto body shops, including wrecker service 12.2.3 Above-ground storage of flammable and combustible liquids, chemicals and hazardous liquids 12.2.4 Concrete and asphalt manufacturing and distribution 12.2.5 Detention Facilities 12.2.6 Power generation plants 12.2.7 Research, experimental, and development establishments 12.2.8 Adult Entertainment 12.2.9 Industrial Laundries 12.2.10 Medical Laboratories 12.2.11 Dirt and aggregate storage, sales and processing 12.2.12 Wireless Telecommunications Towers and Facilities over one hundred seventy-nine feet (179’) in height [Permit criteria includes Article 21.46] 12.2.13 WTG Small: Permitted as an accessory use to an allowed Principal Use 12.2.14 Unlisted property uses if authorized under Article 21.44 12.2.15 Personal Wireless Services Telecommunications Towers and Facilities one hundred fifty feet (150’) or less in height, self- supporting (lattice) or guyed [Permit criteria includes Article 21.46] 12.1.27 Roof-Mounted (any-scale) and Small, Medium, and Large-Scale Ground-Mounted Solar Energy Systems permitted as an Accessory or Principal Use ---PAGE BREAK--- 12 ARTICLE 13 I INDUSTRIAL DISTRICT Amended 4.23.2019 INTENT AND REQUIRED CONDITIONS The I Industrial District is designed to accommodate wholesale activities, warehouses, major repair operations, manufacturing and other industrial operations, subject to certain performance requirements relative to their impact on the community and adjacent non-industrial districts. Whenever an industrial use permitted in this Article requires the use of a storage area or operational activity which is not within the confines of an enclosed building, then adequate greenbelt, screening devices, and/or buffer walls are required. [See Article 21.10 and 21.18] The height of industrial structures and uses shall be related to building setbacks. For each foot of building height above twenty feet the minimum yard setbacks shall be increased by one foot when adjacent to non-industrial districts. Building height shall not exceed thirty-five feet Any industrial activity which produces glare, noise, vibrations, smoke, dust, odors and similar or related nuisances, shall confine these nuisances to the industrial district and must conform to State and Federal environmental regulations. Industrial operations involving the manufacture, processing, or packaging of materials which are inherently dangerous or hazardous due to flammability, toxicity, radioactivity, explosiveness, shall require special review by the Planning Commission after a hearing, and any approval shall be contingent upon a showing by the applicant industry that no dangerous, noxious or nuisance conditions will impact any adjacent premises. Whenever there is evidence that municipal treatment plants, or any river, wetland, or groundwater, lake, or other water in the County may be damaged, polluted, or otherwise adversely affected by industrial chemicals, environmental contamination prevention measures, spill containment procedures, surety bonds and other financial guarantees to correct damages, may be required by the County. SECTION 13.1 PRINCIPAL USES PERMITTED 13.1.1 All principal uses permitted in the B3 Business, Light Manufacturing District 13.1.2 Contractors' yards, equipment storage, and materials handling operations 13.1.3 Major utility service yards and buildings, either public or private 13.1.4 Repair operations and/or maintenance activities for vehicles of any kind, including farm implements, conveyors, and other equipment or machinery 13.1.5 Concrete and asphalt manufacturing and distribution 13.1.6 Grain elevators (commercial) 13.1.7 Meat and poultry processing plants 13.1.8 Manufacturing facilities within an enclosed building, and excluding uses listed in Section 13.2 13.1.9 Auto body shop including wrecker service 13.1.10 Wireless Telecommunications Towers and Facilities one hundred seventy-nine feet (179’) or less in height without lights [Permit criteria includes Article 21.46] 13.1.11 WTG Building-Mounted: Permitted as an accessory use to an allowed Principal Use [See Article 21.46] 13.1.12 WTG Small: Permitted as an accessory use to an allowed Principal Use 13.1.13 WTG Medium: Permitted as an Accessory Use to an allowed Principal Use SECTION 13.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS Under such conditions as the Planning Commission finds the use as not being injurious to the I Industrial District and environs and not contrary to the spirit and purpose of this Ordinance, and subject further to the conditions herein imposed as well as the conditional use standards of Article 19, the following uses may be permitted: 13.2.1 All uses subject to special conditions in the B3 Business, Light Manufacturing District. 13.2.2 Metal plating, buffing and polishing subject to appropriate measures to control any type of process to prevent noxious results, particularly potential acid spills and waste from plating operations. 13.2.3 Manufactured gas, bottled gas and related fuel services or fuel production activities, except the uses specifically exempted by the Michigan Zoning Enabling Act (Public Act 110 of 2006) Petroleum storage tanks, bottled gas or storage tanks for any flammable liquid and production or refining plants for petroleum products when not closer than one thousand feet (1000’) from any residential district or residence and three hundred feet (300’) from any other district, unless exempt under Act 110 of 2006 13.2.4 Junk yards and places so called for the storage, dismantling, wrecking and disposing of junk, and for refuse material or industrial, agricultural and automotive vehicles, upon findings that the use will operate in a reasonable manner and all harmful effects of open storage, smoke, dust, glare, noise, fire and explosive hazards are confined to the premises and are in accord with all other local and state laws - There shall be provided a completely obscuring wall not to be less than eight feet in height as measured from the grade at the property line. Junk yards shall not be located closer than two hundred feet (200’) from the boundary of any other zoning district. [Permit criteria includes Article 21.3] Such use shall not be closer than forty feet (40’) from any lot line. There shall be no outdoor storage of materials, equipment, structures or debris of any kind anywhere outside the designated storage area. ---PAGE BREAK--- 13 13.2.5 Painting, varnishing and undercoating shops when set back at least seventy-five feet (75’) from any adjacent residential district and when conducted within a completely enclosed building 13.2.6 Heavy manufacturing (assembly, processing or cleaning of heavy bulky durable goods requiring heavy trucks or rail transport; drop forging, heavy stamping, punch pressing, plating, hammering or other similar processing activities) 13.2.7 Surface mining of gravel, sand, clay, topsoil or marl [See Article 21.25 for criteria] 13.2.8 Manufacturing of explosives, corrosive and other dangerous chemical substances 13.2.9 Metal and wood-stripping establishments 13.2.10 Airports and landing strips 13.2.11 Detention Facilities 13.2.12 Power company generation plants 13.2.13 Printing and publishing plants 13.2.14 Research and development laboratories 13.2.15 Chemical processing and metallurgic manufacturing 13.2.16 Industrial Laundries 13.2.17 Medical Laboratories 13.2.18 Wireless Telecommunications Towers and Facilities over one hundred seventy-nine feet (179’) in height [Permit criteria includes Article 21.46] 13.2.19 Unlisted property uses if authorized under Article 21.44 13.2.20 Personal Wireless Services Telecommunications Towers and Facilities one hundred fifty feet (150’) or less in height, self- supporting (lattice) or guyed [Permit criteria includes Article 21.46] ---PAGE BREAK--- 14 ARTICLE 14 HX HIGHWAY INTERCHANGE COMMERCIAL DISTRICT Amended 4.13.2021 INTENT The Highway Interchange Commercial land use category includes areas designated for commercial development, which are primarily Interstate access dependent. This district primarily serves thru traffic and tourist needs. Uses that are consistent with these areas include, but are not limited to, gasoline stations, lodging facilities, entertainment facilities, restaurant facilities and similar tourist related developments, as well as warehouses, storage buildings, wholesale facilities and other similar uses. This district is intended to serve traffic entering or leaving the Interstate. These areas may require municipal water and sewer services and/or other comparable forms of water and sewer services with approval by the municipality and District Health Department. SECTION 14.1 PRINCIPAL USES PERMITTED anywhere in the zoning district No building or land shall be used and no building shall be erected except for one or more of the following specified uses: 14.1.1 Existing residences 14.1.2 Banks and financial institutions, except those with drive-through service 14.1.3 Office buildings for administrative, professional, governmental and sales offices 14.1.4 Medical and dental offices, including clinics 14.1.5 Public Schools under the jurisdiction of the Michigan superintendent of public instruction 14.1.6 Indoor theaters, halls and similar places of assembly 14.1.7 Bowling alleys, pool parlors or billiard parlors 14.1.8 Indoor archery range 14.1.9 Tavern/night clubs 14.1.10 Restaurants, except those with drive-through service 14.1.11 Bus stations and passenger terminals 14.1.12 Roof-Mounted (any-scale) and Small-Scale Ground-Mounted Solar Energy Systems permitted as an Accessory Use PRINCIPAL USES PERMITTED in the zoning district only when access is from a service road. Access shall not be off Marlette Road in Otsego Lake Township and Mills Street in Corwith Township. 14.1.13 Any generally recognized retail business within an enclosed building less than 100,000 sq. ft. 14.1.14 Offices and showrooms of plumbers, electricians, decorators or similar trades, without outdoor storage 14.1.15 Rental shops without outdoor storage 14.1.16 Athletic or sports facilities and health clubs, indoor only 14.1.17 Places of worship 14.1.18 Lumber yards and building material suppliers within enclosed building(s) 14.1.19 Businesses including those with drive-through service 14.1.20 Wireless Telecommunications Towers and Facilities one hundred seventy-nine feet (179’) or less in height without lights [Permit criteria include Article 21.46.2] 14.1.21 Wholesale sales, storage and distribution facilities including accessory retail sales but excluding storage of flammable or hazardous materials - Outside storage shall be fenced and screened. 14.1.22 Truck and rail freight terminals, including warehousing 14.1.23 Vehicle service and storage centers for trucks, watercraft, truck trailers and miscellaneous motorized vehicles - Outside storage shall be fenced and screened. 14.1.24 Lumber yards, building, construction material suppliers and home improvement centers without outside storage 14.1.25 Bottling works, food packaging and freezer plants 14.1.26 Equipment reconditioning indoors on an impervious surface 14.1.27 Nursery sales and garden supply centers within enclosed building and without outside clay area(s) 14.1.28 Construction and utility service contractors storing heavy equipment with inside storage only 14.1.29 Storage buildings consisting of building(s) with the purpose of commercial and/or private storage - A storage building shall not be used in any form as a residence. 14.1.30 Mini-storage buildings consisting of separate storage rooms rented or leased by the month 14.1.31 Utilities - All utilities and service structures when their operating requirements necessitate locating the facilities within the district in order to serve the immediate vicinity (storage yards excluded) shall be located underground, except where above ground equipment such as transformers, control panels, services connections and meters are required - All above ground equipment shall be located at the rear of the building. [Permitted criteria includes Article 21.10 regarding screening and fences] SECTION 14.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS anywhere in the zoning district. The following uses may be permitted, subject to the conditions herein imposed for each use, the review standards of Article 19 and only after the review and approval of the site plan by the Planning Commission. [See Article 21 for applicable SPECIFIC REQUIREMENTS FOR CERTAIN USES, if any and Article 23 for SITE PLAN REQUIREMENTS.] 14.2.1 Motels, hotels, motor inns, cabin courts, bed and breakfast facilities, tourist lodging facilities and museums ---PAGE BREAK--- 15 14.2.2 Gasoline service stations for sale of motor fuels, oil and minor accessories 14.2.3 Car wash subject to waste water treatment conditions 14.2.4 Sales, rental, and service centers for vehicles, watercraft, and/or motor homes and travel trailers, including new or used automobiles, motor bikes, bicycles, watercraft, ATV's, campers, snowmobiles, and utility trailers provided: 14.2.4.1 Ingress and egress to the use shall be at least sixty feet (60’) from the intersection of any two streets. 14.2.4.2 The arrangement of vehicles stored in the open shall be uniform, following the patterns established for off-street parking lots. 14.2.4.3 No sales or display shall occupy any public street or road right-of-way and further, must be set back at least twenty feet (20’) from the front property line. 14.2.4.4 The use of a display model for a business office is permissible provided it is connected to sanitary and water facilities and approved by the County Health Department. 14.2.4.5 Emergency access routes must be maintained in the display area. 14.2.5 Medium and Large-Scale Ground-Mounted Solar Energy Systems permitted as an Accessory Use PERMITTED USES SUBJECT TO SPECIAL CONDITIONS in the zoning district only when access is from a service road. Access shall not be off Marlette Road in Otsego Lake Township and Mill Street in Corwith Township. 14.2.6 Retail uses over 100,000 sq. ft. 14.2.7 Offices and showrooms of plumbers, electricians, decorators or similar trades, with outdoor storage 14.2.8 Rental shops with outdoor storage 14.2.9 Nursery sales and garden supply centers with outdoor display areas 14.2.10 Lumber yards, building material suppliers, and home improvement centers, with outdoor storage 14.2.11 Rifle or pistol ranges when within a completely enclosed building as an accessory use 14.2.12 Auto repair garages or auto body shop, including wrecker service, provided that outdoor storage of vehicles under repair be confined to the rear yard and screened from view 14.2.13 Sales, rental, and service centers for mobile home, modular home, manufactured homes, or farm equipment provided: 14.2.13.1 Ingress and egress to the use shall be at least sixty feet (60’) from the intersection of any two streets. 14.2.13.2 The arrangement of vehicles stored in the open shall be uniform, following the patterns established for off street parking lots. 14.2.13.3 No sales or display shall occupy any public street or road right-of-way and further must be set back at least twenty feet (20’) from the front property. 14.2.14 Above-ground storage of flammable or hazardous material provided: 14.2.14.1 Aggregate storage above 5000 gallons up to 20,001 gallons shall be in a single tank 14.2.14.2 Signage on the tank shall be limited to that which is statutorily required by law. Advertising signage of any type will be prohibited on the tank. 14.2.14.3 Tank location is to be a minimum of fifty feet (50’) from the traffic pattern on the site 14.2.15 Event Facility- Special [See Article 21.9] SECTION 14.3 DEVELOPMENT REQUIREMENTS 14.3.1 Mechanical Equipment: All units and appliances for air conditioning, HVAC systems, high voltage electrical systems, exhaust pipes or stacks, elevator housing and satellite dishes or telecommunications receiving devices shall be thoroughly screened from view from the public right-of-way and from adjacent properties, by using walls, fences, roofline elements, penthouse-type screening devices or landscaping. Outdoor wood burning equipment (stoves/furnaces) is prohibited. 14.3.2 Services Access: A designated loading space shall be reserved at the rear of the building. The Planning Commission may permit loading from secondary streets if applicant demonstrates that traffic flow and access to neighboring uses will not be disrupted. 14.3.3 Landscaping: Landscaping is an integral part of this district and shall complement the district and surrounding uses. Landscaping shall comply with the provisions elsewhere in this ordinance. 14.3.4 Sidewalks: The property owners shall provide sidewalks. Sidewalks shall conform to placement and level of adjacent neighborhood sidewalks or be located one foot inside the street right- of-way along all streets abutting the property. Sidewalks shall be a minimum of sixty inches (60”) wide, or the width of adjoining sidewalks as approved during site plan review. Greater width may be required during site plan review ---PAGE BREAK--- 16 21.9 EVENT FACILITY – SPECIAL A Special Use Permit may be granted by the Planning Commission for a Special Event Facility in the FR, AR, B1, B2, B3, I and HX Districts when a site plan has been reviewed and approved by the Planning Commission provided the following conditions are met: 21.9.1 Conditions in a FR District: 21.9.1.1 Property is a minimum of a forty (40) acre parcel 21.9.1.2 Property has a minimum frontage of four hundred forty feet (440’) 21.9.1.3 All main buildings, accessory buildings and parking lots must meet district setbacks from property lines 21.9.1.4 A buffer is required around the proposed activity area. It must consist of evergreen trees or other appropriate barriers that will accommodate the same sound deadening aspect of the evergreen tree. Buffer areas of all-natural tree/shrub cover shall be maintained in a healthful growing condition. 21.9.1.4.1 Where the proposed activity area abuts a District which allows residential development with a density of one dwelling unit or more per acre, an additional buffer area is required per Section 21.18. 21.9.1.4.2 The Planning Commission shall address visual screening during the site plan review process and may require screening to limit the impact on neighboring properties 21.9.1.5 An independent acoustical sound study shall be a requirement of the special use application with approval based on the specific study. The cost of the study will be at the owner’s expense and conducted prior to approval. The Planning Commission will issue an appropriate buffer recommendation based upon the study’s findings. The following sound criteria will be adhered to: 21.9.1.5.1 Interference with sound monitoring equipment No person shall remove or render inaccurate or inoperative any sound level meter or any similar monitoring instrument or device positioned for the purpose of enforcing the provisions of this section. 21.9.1.5.2 Prohibited acts; purpose generally It is the purpose of this article that no person shall create, assist in creating, continue or permit the continuation of any excessive or unnecessarily loud disturbance of noise of a high volume or intensity which is clearly audible and disturbs, annoys or endangers the safety of others beyond the immediate vicinity of the disturbance ("noise disturbances"). 21.9.1.5.3 Maximum permissible sound levels for amplified sounds and mechanical devices Use of any loud speaker, amplifier or other instrument or device, whether stationary or mounted on a vehicle for any purpose, shall be subject to the following: Continuous sound. a. No person shall cause, suffer, allow, or permit the operation of any source of amplified sound on any property or in the public right-of-way in such a manner as to create a sound level that exceeds the sound level limits listed in Table I as measured at any location at or within the property line of another person's property or at or above the shoreline of any body of water. A sound source shall not continuously exceed the sound level listed in Table I for longer than the period of time defined in subsection (1)b. Sound pressure levels in excess of those established in Table I for the period of time in subsection (1)b, shall constitute prima facie evidence that such sound is in violation of this Ordinance. TABLE I MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS DB(A) Commercial and Parks-Recreation (all times): 70 Residential (all times): 70 b. The limits defined in Table I may not be exceeded continuously for more than one minute. c. Nothing in this section supersedes the requirements of employers to comply with the Occupational Noise Exposure Standard of the Occupational Safety and Health Administration (29 CFR Part 1910.95). Compliance will help conserve workers' hearing, and reduce potential liability for the source. Steady pure tones. If the sound source under investigation is a mechanical device, and is in the authorized county official's opinion emitting a sound with a steady tonal quality, the maximum permissible sound level limits in Table I shall be reduced by 5dB. The sound emissions must be comprised of a single frequency and/or its harmonics, which may be referred to as a tone, whine, hum or buzz. Such sound sources include, but are not limited to: heating, ventilating or air conditioning units; refrigeration units; and transformers. 21.9.1.5.4 Procedures for the determination of sound levels The sound level may be measured with a field calibrated sound level meter or readily available application. The sound level meter shall conform with ANSI S1.13 of 1973, or its successor provision. The DB(A) methodology will be used to measure sound levels, and the meter readings will be set for a fast response. ---PAGE BREAK--- 17 21.9.1.5.5 Liability of owner, lessee or occupant If the person responsible for an activity which violates this section cannot be determined, the owner of the property upon which the activity is located shall be deemed responsible for the violation unless the property is leased or occupied by persons other than the owner, in which case the lessees or occupants in possession and /or control of the property shall be responsible for the violation. 21.9.1.6 Hours of operation cannot exceed 8am – 10pm; All non-overnight guests must vacate premises within one hour after the event 21.9.1.7 All music/entertainment and sound devices must be within an enclosed building 21.9.1.8 Lighting shall be consistent with local, state and federal law. Lighting of the facility, such as appurtenant structures and parking lots, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. 21.9.1.9 Temporary structures may only be used as accessory structures. They may be erected two days preceding and must be removed no later than two days after any event. 21.9.1.10 Parking areas must meet the standards of Section 21.27. The Planning Commission shall base any parking area buffer on a site by site basis. 21.9.1.10.1 Required parking will be based on capacity of structures (principle and accessory) within the activity area 21.9.1.10.2 Parking surface for the activity area should be improved [See Section 2.2] 21.9.1.10.3 Should the parking area routinely exceed the maximum number of approved spaces; the Planning Commission shall reevaluate the parking needs 21.9.1.10.4 Federal and state requirements regarding handicapped parking and access shall apply 21.9.1.10.4.1 Handicapped parking surface, slope and number of spaces must meet ADA Design Guideline requirements 21.9.2 Conditions in an AR District 21.9.2.1 Property is a minimum of a twenty (20) acre parcel 21.9.2.2 Property has a minimum frontage of four hundred forty feet (440’) 21.9.2.3 All main buildings, accessory buildings and parking lots must meet district setbacks from property lines 21.9.2.4 A buffer is required around the proposed activity area. It must consist of evergreen trees or other appropriate barriers that will accommodate the same sound deadening aspect of the evergreen tree. Buffer areas of all-natural tree/shrub cover shall be maintained in a healthful growing condition. 21.9.2.4.1 Where the proposed activity area abuts a District, which allows residential development with a density of one dwelling unit or more per acre, an additional buffer area is required per Section 21.18. 21.9.2.4.2 The Planning Commission shall address visual screening during the site plan review process and may require screening to limit the impact on neighboring properties 21.9.2.5 An independent acoustical sound study shall be a requirement of the special use application with approval based on the specific study. The cost of the study will be at the owner’s expense and conducted prior to approval. The Planning Commission will issue an appropriate buffer recommendation based upon the study’s findings. The following sound criteria will be adhered to: 21.9.2.5.1 Interference with sound monitoring equipment No person shall remove or render inaccurate or inoperative any sound level meter or any similar monitoring instrument or device positioned for the purpose of enforcing the provisions of this section. 21.9.2.5.2 Prohibited acts; purpose generally It is the purpose of this article that no person shall create, assist in creating, continue or permit the continuation of any excessive or unnecessarily loud disturbance of noise of a high volume or intensity which is clearly audible and disturbs, annoys or endangers the safety of others beyond the immediate vicinity of the disturbance ("noise disturbances"). 21.9.2.5.3 Maximum permissible sound levels for amplified sounds and mechanical devices Use of any loud speaker, amplifier or other instrument or device, whether stationary or mounted on a vehicle for any purpose, shall be subject to the following: Continuous sound. a. No person shall cause, suffer, allow, or permit the operation of any source of amplified sound on any property or in the public right-of-way in such a manner as to create a sound level that exceeds the sound level limits listed in Table I as ---PAGE BREAK--- 18 measured at any location at or within the property line of another person's property or at or above the shoreline of any body of water. A sound source shall not continuously exceed the sound level listed in Table I for longer than the period of time defined in subsection (1)b. Sound pressure levels in excess of those established in Table I for the period of time in subsection (1)b, shall constitute prima facie evidence that such sound is in violation of this Ordinance. TABLE I MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS DB(A) Commercial and Parks-Recreation (all times): 70 Residential (all times): 70 b. The limits defined in Table I may not be exceeded continuously for more than one minute. c. Nothing in this section supersedes the requirements of employers to comply with the Occupational Noise Exposure Standard of the Occupational Safety and Health Administration (29 CFR Part 1910.95). Compliance will help conserve workers' hearing, and reduce potential liability for the source. Steady pure tones. If the sound source under investigation is a mechanical device, and is in the authorized county official's opinion emitting a sound with a steady tonal quality, the maximum permissible sound level limits in Table I shall be reduced by 5dB. The sound emissions must be comprised of a single frequency and/or its harmonics, which may be referred to as a tone, whine, hum or buzz. Such sound sources include, but are not limited to: heating, ventilating or air conditioning units; refrigeration units; and transformers. 21.9.2.5.4 Procedures for the determination of sound levels The sound level may be measured with a field calibrated sound level meter or readily available application. The sound level meter shall conform with ANSI S1.13 of 1973, or its successor provision. The DB(A) methodology will be used to measure sound levels, and the meter readings will be set for a fast response. 21.9.2.5.5 Liability of owner, lessee or occupant If the person responsible for an activity which violates this section cannot be determined, the owner of the property upon which the activity is located shall be deemed responsible for the violation unless the property is leased or occupied by persons other than the owner, in which case the lessees or occupants in possession and /or control of the property shall be responsible for the violation. 21.9.2.6 Hours of operation cannot exceed 8am – 11pm; All non-overnight guests must vacate premises within one hour after the event 21.9.2.7 All music/entertainment and sound devices must be within an enclosed building 21.9.2.8 Lighting shall be consistent with local, state and federal law. Lighting of the facility, such as appurtenant structures and parking lots, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. 21.9.2.9 Temporary structures may only be used as accessory structures. They may be erected two days preceding and must be removed no later than two days after any event. 21.9.2.10 Parking areas must meet the standards of Section 21.27. The Planning Commission shall base any parking area buffer on a site by site basis. 21.9.2.10.1 Required parking will be based on capacity of structures (principle and accessory) within the activity area 21.9.2.10.2 Parking surface for the activity area should be improved [See Section 2.2] 21.9.2.10.3 Should the parking area routinely exceed the maximum number of approved spaces the Planning Commission shall reevaluate the parking needs 21.9.2.10.4 Federal and state requirements regarding handicapped parking and access shall apply 21.9.2.10.4.1 Handicapped parking surface, slope and number of spaces must meet ADA Design Guideline requirements 21.9.3 Conditions in a B1, B2, B3, I & HX 21.9.3.1 Conditions for a Special Use Permit shall be considered on a site by site review 21.9.3.2 Parking requirements must meet the standards of Section 21.27 for commercial use ---PAGE BREAK--- 19 SECTION 21.19 LIGHTING, OUTDOOR Outdoor light fixtures are electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement. Such devices shall include search, spot and flood lights for buildings and structures, recreation areas, parking lot lighting, landscape lighting, billboards and other signs (advertising or other), street lighting, product display area lighting, building overhangs and open canopies. All outdoor lighting fixtures including pole mounted or building mounted yard lights, dock lights, and shoreline lights other than decorative residential lighting such as low-level lawn lights, shall be subject to the following regulations: 21.19.1 Lighting shall be designed and constructed in such a manner: 21.19.1.1 To ensure that direct or directly reflected light is confined to the area needing it and that it is not directed off the property, 21.19.1.2 That all light sources and light lenses are shielded, 21.19.1.3 That any light sources or light lenses are not directly visible from beyond the boundary of the site, 21.19.1.4 That light from any illuminated source shall be so shaded, shielded, or directed that the light intensity or brightness will not be objectionable to surrounding areas. 21.19.2 Lighting fixtures shall be a down-type having one hundred percent (100%) cut off. The light rays may not be emitted by the installed fixture at angles above the horizontal plane, as may be certified by photometric test. A United States flag, Michigan flag or a flag of a veteran’s organization chartered by the United States Government shall be allowed to have light illuminating them from below 21.19.3 There shall be no blinking, flashing, or fluttering lighting, including changes in light intensity, brightness or color, except that lights may be controlled by a dimmer which can be periodically adjusted for conditions and signs as allowed in 21.38.3.1. Beacon lights are not permitted except where required by law. 21.19.4 No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices. 21.19.5 Decorative lights during holiday seasons shall be allowed. 21.19.6 Modification of these outdoor lighting standards may be permitted by the Zoning Board of Appeals for temporary uses of not more than ten (10) days per year, following these provisions as closely as possible 21.19.7 Lighting shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting shall be directed downward and shall incorporate full cut- off fixtures to reduce light pollution. ---PAGE BREAK--- 20 SECTION 21.27 PARKING LAND USE PER UNIT OF MEASURE COMMERCIAL CONTINUED Taverns 1 per 100 sq. ft. of usable floor area Restaurants 1 per 3 persons at maximum seating capacity Drive-up or Drive-through Uses-Restaurant, Banks, Drug Pick-up, Laundries, Payment Windows or other Drive-up Service Windows In addition to the required parking for the principal use, the Drive-through facilities requirement in Article 18 shall be followed Furniture, Appliances, Plumbers, Electricians, and Minor Repair Services 1 per 800 sq. ft. of usable floor area Vehicle Service Station 2 per service stall, plus 1 per employee Gasoline Convenience Store 1 per 300 sq. ft. of usable floor area Laundromat 1 per 3 machines for washing Funeral Home/Mortuary 1 per 200 sq. ft. of usable floor area Motels, Hotels, Motor Inns, Cabin Courts, Bed & Breakfast Facilities and Tourist Lodging Facilities 1 per 150 sq. ft. of usable floor area, the Planning Commission may reduce up to half if they reserve land for open space Vehicle Sales 1 per 200 sq. ft. of showroom usable floor area Retail Groceries 1 per 150 sq. ft. of usable floor area Other Retail Stores 1 per 150 sq. ft. of usable floor area Self-Storage Rental Units 1 per 10 units Personal Service Establishments 1 per 100 sq. ft. usable floor area not otherwise specified Museums 1 per 150 sq. ft. of usable floor area Rental Shops 1 per 200 sq. ft. of usable floor area in addition to a loading and unloading area; and a vehicle turnaround and drop-off area Rifle or Pistol Range 2 per range plus 1 per employee Event Facility – Special 1 per 200 sq. ft usable activity area, the Planning Commission may reduce up to half if open land is reserved for additional parking; parking as determined by site must be within the activity buffer area INDUSTRIAL Manufacturing Shop 5 plus 1 per employee Industrial Office or Research 1 ½ per employee Warehouse and Wholesale 1 per employee, plus 1 per 200 sq. ft. of any office space Industrial Laundries 5 plus 1 per employee Medical Laboratories 1 per 50 sq. ft. of waiting room plus 1 per employee NOTES: A. Sq. ft. refers to square feet of usable floor area unless otherwise noted. B. 1 unit per measure shall be interpreted to mean 1 per each unit, as 1 per "each" three persons. C. Space requirements are cumulative; hence, a country club may require parking for the golf use as well as restaurant or bar use. D. Employees, refers to all permanent staff and part time equivalents in the largest working shift. Maximum capacity is the maximum occupancy permitted by applicable building, fire, or health codes.